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TDS u/s 194H - Higher rate of TDS @20% in absence...
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Highlights / Annotations / Catch Notes For July of 2020
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Showing 1 to 50 of 339 Records
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July 31, 2020
GST:
The class of registered person required to issue e-invoice - SEZ units excluded - Threshold limit of turnover enhanced from 100 crores to 500 crores.
July 31, 2020
GST:
Refund of ITC in case of inverted duty structure - Not allowing refund of unutilized input tax credit relatable to input services - Explanation (a) to Rule 89(5) which...
July 31, 2020
I.Tax:
Maintainability of appeal filed by the erstwhile company before amalgamation - without considering the order of the High Court in the matter of amalgamation and the...
July 31, 2020
I.Tax:
Disallowance of contrived loss - only ground for disallowing such loss was that there was no proof of delivery of shares prior to the date of search - Disallowance in...
July 31, 2020
I.Tax:
Nature of expenses - river diversion expense and HT line shifting expense - It became necessary for the appellant to shift the same for mining operation; similarly river...
July 31, 2020
I.Tax:
Capital gain - tenancy right available with the assessee or not? - the amount received for not interfering possessions - the parties of the family settlement that the...
July 31, 2020
I.Tax:
Penalty u/s 271AAB - Addition u/s 69B - income shown suo-motto - additional income brought to tax by the Assessing Officer - none of the conditions for levy of penalty...
July 31, 2020
I.Tax:
Non-grant of TCS credit - Rectification of mistak u/s 154 - Amount of TCS was not reflected (shown) in the name of assessee, but corresponding income declared by the...
July 31, 2020
I.Tax:
Correct year of assessment - Interest income was taxed in the earlier assessment year - Assessee cannot be penalized only for the reason that he has not filed revised...
July 31, 2020
I.Tax:
Rectification u/s 254 - Sale of land - land in question were sold by the assessee in the capacity of power of attorney holder and AO has assessed the income in the hand...
July 31, 2020
I.Tax:
Discount on employee stock ownership plan (ESOP) - Capital expenditure or revenue expenditure - the deduction is to be allowed for the difference between the exercise...
July 31, 2020
Cus.:
Classification of imported goods - Parts of seats of motor vehicle (parts of part) - import of child parts - It is undisputed that child parts used for making parts...
July 31, 2020
Cus.:
Principles of Natural Justice - The appellant should be allowed cross examination, the witnesses except the SIO. The SIO is part of the investigation and the Show Cause...
July 31, 2020
Cus.:
Condonation of delay of 110 days in filing appeal - the pendency of said writ-petition does not seem to extend any benefit to the present applicant who is none but the...
July 31, 2020
S.Tax:
Taxability - principles of mutuality - services provided to group / promoter companies - The only basis for providing of services by the appellant is on cost sharing...
July 31, 2020
S.Tax:
Extended period of limitation - Original Authority has accepted the plea of the appellant that the details of the transactions were recorded by the appellant in their...
July 31, 2020
C.Ex.:
Reversal of CENVAT Credit - There is no requirement under Rule 6(3)(i) and Rule 6(3A) of the Cenvat Credit Rules that the option had to be exercised on the first day of...
July 31, 2020
Indian Laws:
PIL - welfare of advocates - non-inclusion of advocates in the definition of the word “professionals” under the MSME Act - We are not inclined to entertain this petition...
July 30, 2020
I.Tax:
Nature of expenditure - expenditure incurred in the renovation and redecoration of rooms in a hotel - It is only an application of legal principle to the given facts....
July 30, 2020
I.Tax:
Penalty u/s 271F - failure to furnish return of income (ITR) - the assessee’s total income without giving effect to the provision of section 54 come to ₹...
July 30, 2020
I.Tax:
Condonation of delay of 349 days in filing the present appeal - when the ld. CIT(A) has decided the appeal of the assessee vide impugned ex-parte order, the delay in...
July 30, 2020
I.Tax:
Reassessment proceedings u/s 147/148 - Where the very basis for which reassessment proceedings were initiated doesn’t survive, there is no basis for making the impugned...
July 30, 2020
I.Tax:
Revision u/s 263 - There was no enquiries raised by the AO about the mismatch in the amount of gross receipts shown by the assessee viz a viz reported in the form 26AS...
July 30, 2020
IBC:
Reconsideration of Resolution Plan - The Appellant cannot question the commercial wisdom of the CoC in rejecting the Resolution Plan, with the requisite majority and in...
July 30, 2020
VAT:
Jurisdiction - Withholding of refund - there is no order passed by the Commissioner recording his satisfaction and since there is no order of the Commissioner, there is...
July 30, 2020
VAT:
Reversal of Input Tax Credit - ection 19(20) which has been invoked to deny the benefit of ITC, has itself been inserted only with effect from 19.08.2010. - Thus the...
July 29, 2020
I.Tax:
Penalty levied u/s 271(I)(c) - Whether "Mens rea" is apparent in this case? - where the two regular appellate authorities have granted the relief to the Assessee by...
July 29, 2020
I.Tax:
Deemed dividend u/s 2 (22)(e) - advance made by the subsidiary company to the respondent/holding company - Obviously, the department would have been well aware of the...
July 29, 2020
I.Tax:
Loss of hedging of foreign currency receivable from exports - Loss on account of futures and options set off against the business profit - No substantial question of law...
July 29, 2020
I.Tax:
Entitled for exemption u/s 47(v) with respect to the transfer of land - Holding company - determination of 100% subsidiary company where 25 shares held by 6 nominees -...
July 29, 2020
I.Tax:
Admission of additional evidences - As in the present case the Assessee could not lead the required evidence before the lower authorities. We are of the view that the...
July 29, 2020
I.Tax:
TP Adjustment - As application of TNMM method has been accepted by the Tribunal for AYs 2005-06 to 2007-08 and no change in facts or circumstances has been demonstrated...
July 29, 2020
I.Tax:
Validity of notice issued u/s 153C - the seized material found from the premises of the 3rd party in the course of search does not belong to the assessee. Thus in our...
July 29, 2020
I.Tax:
Deduction u/s 54 denied - LTCG - New house property was purchased in the name of son - it can be seen that the son of the assessee is a direct relation - In a case,...
July 29, 2020
S.Tax:
Valuation - inclusion of reimbursement of expenses in assessable value - pure agent services - this amount is not includable in the assessable value for charging service tax - AT
July 29, 2020
C.Ex.:
Refund alongwith interest - Recovery of interest from the erring officers - the interest of 6% would be payable up to the date when the amount was credited in the...
July 28, 2020
I.Tax:
Nature of expenditure - revenue or capital expenditure - legal expenses in connection with structuring of the transaction - merely because the transaction in question is...
July 28, 2020
I.Tax:
Offences u/s 276C(2) and 278B - allegation against the Petitioners is that they wilfully concealed the income - Where the documents were left out to be marked due to...
July 28, 2020
I.Tax:
Income accrued in India - Royalty receipt - management service fees - the management services are provided only to support SurfGold in carrying on its business...
July 28, 2020
I.Tax:
Assessee in Default for non deduction of TDS - Validity of order u/s 201(1) and 201(1A) - period of limitation - as per 201(3)(ii) such time limit expires on 31.03.2013...
July 28, 2020
I.Tax:
Double taxation of income in the hands of BCCI and Assessee, as the member of AOP - it will be open to the AO of the appellant to reopen the case of the appellant and to...
July 28, 2020
I.Tax:
Royalty receipt - since the provisions of DTAA overrides the provisions of Income Tax Act and are more beneficial and the definition of ‘Royalty’ having not undergone...
July 28, 2020
S.Tax:
Imposition of penalty u/s 76 and 78 of FA - There was an ignorance on the part of the assessees regarding the service tax liability on import of services from outside...
July 27, 2020
GST:
Detention of goods along with the vehicle - invoices did not bear continuous numbers - The entertainment of such a doubt by the authority cannot be a justification for...
July 27, 2020
I.Tax:
Order u/s 197 - refusing to grant a certificate of deduction of tax at source (TDS) at NIL rate - In the event the petitioner is aggrieved by the said reasoned order, it...
July 27, 2020
I.Tax:
Exemption u/s 54F - capital gains earned by the assessee during the previous year - Whether tribunal was right and justified in granting exemption u/s 54F when the...
July 27, 2020
I.Tax:
Penalty u/s 271D - violation of Section 269SS - reasonable cause to be entitled to the benefit of Section 273B - In view of 2 decisions of tribunal, favoring the...
July 27, 2020
I.Tax:
Reopening of assessment - Return filed beyond the time prescribed u/s 139(4) and therefore, was treated nonest by the AO - AO has exceeded his jurisdiction in...
July 27, 2020
I.Tax:
Deduction u/s 10B denied - alternative claim of deduction u/s 10A was not entertained by the CIT(A) primarily for the reason that the assessee had not claimed the same...
July 27, 2020
I.Tax:
Set–off of business loss against the other heads of income while completing the assessment - we admit the additional ground considering the fact that the AO has also...
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A
: ADDITIONAL GROUNDS OF APPEAL AND ORDER IN APPEAL IN GST
A
: Know the Challenges and Issues with GST
F
: Sec 16(4) Reversal of ITC when 3B is filed belatedly
F
: sales Against 0.1% GST- if export not done within 90 Days
H
: Validity of Service of notice u/s 74(5) instead of u/s 74(1) of CGST /...
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: Levy of penalty - the e-way bill had expired one hour fifteen minutes ...
H
: Ex-parte order - Quantification of Liability - intention of evade GST ...
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: Calculation of Tax Liability based on subsequent years Balance Sheet -...
C
: Limits for investment in debt and sale of Credit Default Swaps by Fore...
H
: Validity of assessment orders - The High court examined the timeline o...
H
: Levy of penalty u/s 271(1)(c) - The Tribunal found no justification fo...
H
: Penalty proceedings u/s 270A - under reporting of the income - The Tri...
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: Framework for Category I and II Alternative Investment Funds (AIFs) to...
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: Flexibility to Alternative Investment Funds (AIFs) and their investors...
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: Securities Contracts (Regulation) (Stock Exchanges and Clearing Corpor...
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: Securities and Exchange Board of India (Research Analysts) (Amendment)...
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: Securities and Exchange Board of India (Investment Advisers) (Amendmen...
A
: WRONG FIXATION OF FEES PAYABLE TO INTERIM RESOLUTION PROFESSIONAL
A
: MANNER OF FILING APPEAL BY COMMISSIONER
A
: Recovery proceedings not to be initiated against the former director o...
H
: Penalty proceedings u/s. 271(1)(b) - non-compliance with the 3 notices...
H
: Validity of reopening of assessment u/s 147 - Reason to believe - Addi...
H
: Rejecting registration u/s 12A(1)(ac)(iii) - name mismatch between the...
H
: Denial of benefit u/s 115BAA of reduced rate of tax @22% - Domestic Co...
H
: Prohibition of Benami Transactions - Provisional attachment order was ...
H
: Maintainability of Appeal - Appropriate forum - matter relates to the ...
H
: Seeking amendment of bill of entry - The High Court acknowledged the o...
H
: Request for conversion of free Shipping Bills into Drawback Shipping B...
A
: A simplified GST guide designed for commission agents and brokers.
A
: Delhi HC issued notice to decide on the taxability of providing corpor...
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